CD Skripsi
Kedudukan Dan Hak Anak Luar Kawin Terhadap Warisan Orangtua Berdasarkan Hukum Adat Batak Karo Di Desa Sukanalu Kecamatan Barus Jahe
ABSTRACT
Traditionis a reflection of the personality of a nation, and is one of the
incarnations of the soul of the nation concerned from century to century, therefore
every nation in this world has its own customs which are not the same as one
another. Precisely because of this inequality it can be said that adat is the most
important element that gives identity to the nation concerned. Indonesia is a
country that is rich in indigenous peoples, which are owned by different regions
and ethnic groups. Although the basis and nature are one, the customs that exist
in Indonesia are very diverse and do not die in time, but are always on the move
and there is an obligation to always develop in accordance with the
circumstances of the times and the current civilization. These Tradition are used
as a binding and applicable law. against the community, or what we often know
as customary law.
The problems that the authors make as the basis of this research are
what is the position of the out-of-marriage child based on the BatakKaroTradition
in Sukanalu village, BarusJahe sub-district, how is the inheritance rights of
children outside of marriage based on BatakKaro customs in Sukanalu Village,
BarusJahe District.
This type of research can be classified into the type of empirical or
sociological research, because in this study the author directly conducts research
at the location or place under study in order to provide a complete and clear
picture of the problem under study. This research was conducted in SukaNalu
Village, BarusJahe District, the data sources used were: primary data and
secondary data, data collection techniques in this study were observation,
interviews and literature review.
The results of this study are first. The position of the out-of-marriage
child in the KaroBatak tribe is considered not to have a father's lineage or only to
be a mother's lineage, so the position of an out-of-marriage child in inheritance
from the heir is that the outside child is not part of the heir but this can change if
the child is outside. that marriage is recognized by the heir as his biological child,
the child outside marriage can occur due to the desire of the heir to have a son
because the male son is the successor of the clan. Second, according to the
customary law of BatakKaro, especially in Sukanalu Village, BarusJahe District,
outside marriage children do not get the inheritanceof their parents, because the
child comes from a marriage that is illegitimate or not recognized by Adat, but in
nheritance rights of children outside of marriage based on BatakKaro customs in
Sukanalu Village, BarusJahe District.
Keywords: Customary Inheritance, Traditional Marriage, BatakKaro
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